Tuesday, January 26, 2010

Order of Succession


In case of death or permanent incapacity of the agricultural lessee to work his landholding, the leasehold shall continue between the agricultural lessor and the person who can cultivate the landholding personally, chosen by the agricultural lessor within one month from such death or permanent incapacity, from among the following: a) the surviving spouse; b) the eldest direct descendant by consanguinity; or, (c) the next eldest descendant or descendants in the order of their age. In the event that the agricultural lessor fails to exercise his choice within the period provided, the priority shall be in accordance with the order herein established. Note: a direct descendant or parent is not among those listed in the order of succession.

Sunday, January 24, 2010

The Veil of Corporate Fiction


The Comprehensive Agrarian Reform Law was designed precisely to liberate peasant-farmers from the clutches of feudalism and poverty. When corporate fiction is used as mere smokescreen to the same form of feudal servitude, the lofty aim of the agrarian law is thwarted and the very problem which the law seeks to solve is perpetrated. The veil of corporate fiction will be pierced when used for improper purposes and unfair objectives. The use of corporate fiction as a means to evade legal liability is not new. This scheme or device has long been perceived to be used in other fields of law, notably taxation to minimize payment of tax with varying degrees of success and acceptability. But the continued employment of the scheme in agrarian cases is not only deplorable; it is alarming. It is time to put a lid on the cap (Sta. Monica Industrial and Development Corporation v. DAR, et al).

Wednesday, January 20, 2010

Social Justice


Justice Isagani Cruz, in one of the cases decided by the Supreme Court, eloquently said, Social Justice, or any justice for that matter, is for the deserving, whether he be a millionaire in his mansion or a pauper in his hovel. It is true that, in case of reasonable doubt, we are called to tilt the balance in favor of the poor to whom the Constitution fittingly extends its sympathy and compassion. But never is it justified to give preference to the poor simply because they are poor, or reject the rich simply because they are rich, for justice must always be served for the poor and rich alike according to the mandate of the law (Gelos v. CA, 208 SCRA 608).

Tuesday, January 19, 2010

Tenancy Relationship


Unless a person has established his status as de jure tenant, he is not entitled to security of tenure or covered by the Land Reform Program of the Government under existing tenancy laws. The following are the essential elements of tenancy relationship: (1) the parties are the landowner and the tenant or agricultural lessee; (2) the subject matter of the relationship is an agricultural land; (3) there is consent between the parties to the relationship; (4) the purpose of the relationship is to bring about agricultural production; (5) there is personal cultivation on the part of the tenant or agricultural lessee; and, (6) the harvest is shared between landowner and tenant or agricultural lessee. Note: all requisites must be proved by substantial evidence and the absence of one will not make an alleged tenant a de jure tenant.

Wednesday, January 13, 2010


Negotiating conflict: By Jeffrey Krivis
1. When people are deeply upset about something, they need to get their story out. This is the basic principle of mediation and one that is important to remember. Yes, allowing people to speak their minds can increase the level of conflict with which you must deal. That is OK. You have to get through the conflict phase to find the solution.
2. Often in a conflict, the parties are so focused on minutiae that they lose sight of the big picture and it's implications. As the mediator, you need to bring people back to reality by wrenching their attention away from the grain of sand and having them focus on the whole beach. Doing so may help resolution arrive at a startling speed.
3. Identify the true impediment. In every conflict. ask yourself: Is the true motivating factor here? What is really keeping this person from agreeing to a solution?

Monday, January 11, 2010


It seems to be daylight.. but it's the glittering luster of the moon on the night of January 1, 2010

Saturday, January 9, 2010


Municipality of Pilar in the Province of Sorsogon, a gateway to the island Province of Masbate..
One of our destinations in our regular bike ride for life.

Sunrise at Misibis Estate Spa & Resort..

A must go and see beach resort at the east coast of Albay..

Sunday, January 3, 2010

HAM Radio, a hobby of a lifetime.


HAM radio enthusiasts.. members of the Amateur Radio Enthusiasts of Albay, Inc., (DX4AREA) on its way to one of the PARAs National (hamvention) Convention..
Taken few years back when DX4AREA was still a very active amateur radio club in Albay.